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  • mhathi
    05-16 11:19 AM
    I have called all the members identified on the thread. They
    were all nice to talk to and most of them said that they were
    receiving a lot of calls regarding these bills. Many completed my
    request for me :D

    Let's all call and make these bills a reality.

    P.S. I also called Sen. Menendez regarding the Murray amendment but
    had to leave a voicemail.





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  • TEKNMEK
    02-10 12:55 AM
    Thanks everybody for your suggestions. Unfortunately canada is not a option. I have sent an email to Chennai consulate for emergency appointment request. Have to wait and see how it goes. Will update you all with any information I find out.

    Thanks





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  • gotgc?
    02-03 10:45 AM
    Hi All,

    I am planning to travel to India via London, UK. I am trying to see if it requires a transit Visa.

    I am on H1B/AOS status but without valid visa stamp and travelling with Advance Parole. I have checked the UK Consulate page UK Border Agency | Who is exempt from having to hold a direct airside transit visa? (http://www.ukba.homeoffice.gov.uk/travellingtotheuk/transitthroughtheuk/transitdocuments/exempt/) it mentions that Indian passport holders needs a transit visa but with following exemptions;

    one of them is a a valid Canadian Permanent Resident Card issued on or after 28th June 2002; Since I hold canadian permanent resident card, is it ok I can travel without UK transit Visa through UK? Based on this page, I thought so, but my travel agent said to double check eventhough I have a canadian permanent resident card, I am travelling to and from USA. Has any one done this before - travelled with canadian PR to/from USA through UK? Whom should I confirm with?

    Passengers exempt from the DATV requirement

    Holders of certain documents are, regardless of nationality, exempt from the requirement to hold a Direct Airside Transit Visa when transiting the UK.

    A transit passenger is not required to hold a transit visa if he holds, or a person with whom he arrives in the United Kingdom holds on his behalf:

    a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from another country or territory to the country for which the visa is held;
    a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from the country for which the visa is held to another country or territory;
    a valid airline ticket for travel via the United Kingdom as part of a journey from Australia, Canada, New Zealand or the United States of America to another country or territory, provided that the transit passenger does not seek to transit the United Kingdom on a date more than six months from the date on which they last entered Australia, Canada, New Zealand or the United States of America with a valid visa for entry to that country;
    a valid USA I-551 Permanent Resident Card issued on or after 21st April 1998;
    a valid Canadian Permanent Resident Card issued on or after 28th June 2002;
    a valid common format Category D visa for entry to an EEA State;
    a valid common format residence permit issued by an EEA State pursuant to Council Regulation (EC) No. 1030/2002;
    a diplomatic or service passport issued by the People�s Republic of China; or
    a diplomatic or official passport issued by India; or
    a diplomatic or official passport issued by Vietnam.
    Notes:

    A valid U.S. immigrant visa packet (form 155A/155B) is a valid visa for DATV exemption purposes.
    An expired I-551 Permanent Resident Card issued on or after 21 April 1998 when accompanied by an I-797 letter issued by the Bureau of Citizenship authorising its extension, exempts the holder from the DATV requirement.
    Holding either an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid U.S. visa; or a Transportation Letter instead of a valid U.S. Permanent Residence Card issued on or after 21 April 1998; or a U.S Visa Foil endorsed, "NOT A VISA. FOIL PREPARED AT DHS REQUEST" does NOT qualify for exemption from the DAT visa requirement.
    Holding a valid travel document with a U.S. ADIT stamp worded � �Processed for I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL�. EMPLOYMENT AUTHORIZED� does NOT qualify for exemption from the DAT visa requirement.
    Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (for example, a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (for example, Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit on to a third country.





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  • prioritydate
    03-27 09:58 PM
    It will not be a problem at all. I know a person who was without a job for 9 months during that time period and still got his green card, so I would assume that you are safe. You should be worried about this at all. This is just my opinion. The final outcome depends upon the person who is approving the case.



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  • HOPE_GC_SOON
    05-04 10:30 AM
    Hi Immi2006.

    Please help me understanding this..

    Your statistics underneath::; 1) Is it NO. of Labour Petitions filed in those years and categories or 2) Are they Numbers of Labor and 140 approved pending cases for 485?:confused:

    Please enlighten me....

    thanks:)

    Folks,

    I was analysing the data based on posts in various immigration websites for India based filings. The data could be very well wrong too. (data for India folks as below).

    It appears on rough estimates :

    2005
    EB1 - 4000
    EB2 - 26000
    EB3 - 39000
    2004
    EB1 - 5500
    EB2 - 32000
    Eb3 - 36000





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  • krishnam70
    04-06 04:44 PM
    Really? Nobody? Nothing? :( Please, any advice will do, I'm desperate, I don't want to leave in 2 weeks, I need some more time with my partner...

    This is a unique situation and may be an immigration attorney will guide you better. You should try to follow the law where ever possible. It could have been much easier had you gone out when your visa expired and returned back on another visa. Anyway try to speak with an attorney and get a good advise on how to remedy this situation

    - cheers
    kris



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  • jg888
    07-20 10:06 AM
    I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -

    1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?

    2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.

    3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.

    Any suggestions from the community out there?





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  • fromnaija
    07-20 11:48 AM
    You assume the original poster is from India. He did not state so in his post or do you know him personally?

    Nice suggestion, buddy :p

    New Delhi Embassy still have Aug 2007 dates available



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  • lacrossegc
    07-30 03:33 PM
    When do you get FP notices?





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  • thirumalkn
    07-26 05:11 PM
    Thanks for the info vxg. Thanks for sharing.
    So, did you notify USCIS at any stage about your promotion ?

    My duties increased, in past i was doing more tech work now i mostly manage people who do the same tech work but as i said it's all subjected to the lawyer and employer.



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  • GCwaitforever
    02-06 04:40 PM
    Hi,
    What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?

    This is to interpret a reimburse agreement I signed (bad thing to do - but I was naive then and signed a very vague repayment statement). But somewhat good thing is the agreement talks about staying for 2 years "after" the permanent residence is approved. If things get bad - I am hoping that this language might save me. Any thoughts?
    - kd

    Why do you worry about something that is so far off in future? Given the current retrogression, it takes three or four years anyway for GC to be approved.

    Also not all agreements are enforceable. An agreement has to have give and take - Employer offers something and Employee offers something. They can not claim in agreement that you work for them for two years without specifying what they are doing for you in return. So you may ignore the paper agreement completely. Check with an attorney.





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  • admin
    05-18 10:40 PM
    The title means ... You r right, not only Indian, but Chineese, Russians and all others ... but title is "Indian immigrants .... " :(

    The title was something that the journalist came up with so that it will capture the attention of it's viewers. So please don't read too much into it.



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  • snathan
    02-01 09:35 PM
    Q. Who is an optimist?
    A. A dude on EB3 with priority date of Aug 2005, looking for a "safe secure" future :D

    Joking aside dude, Pay off your debts, buy gold for the wife ( investing in the wife may be the surest way to have a safe secure future lol)), keep some CDs, keep handy cash ( a tleast 6 months of pay), good life insurance, medical insurance, max out 401K, and then if you still have some left you can dabble in stocks.

    How come a wife can have another wife...:D if you are not aware the OP is a girl.

    You didnt tell which movie cd...?





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  • number30
    04-29 06:08 PM
    Thanks snathan and aravindhome for your responses.

    I'm going to consult an attorney on this for sure...

    After i consulted my friends and after going through some other posts i figured that F1 is the best option i have now.
    My fiancee is interested in pursuing her higher education, but just wanted to find out if it would be OK that i sponsor her education and state that her fiance is in US with green card at the time of visa application?.. would this cause any problems for getting her F1 visa?
    OR should she not mention anything about me in any stage be it in University Admisssion process or the F1 visa application process?

    I know all of the other options (H1, L1, B1 and GC sponsor for spouse) would require much time.

    aravindhome-- i'm not sure how fast can she get a canadian PR and then come to this Country?...On what basis is she going to enter this country?


    Thanks a lot

    Ravi


    Once she is on F1 here you can get married.



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  • vnsriv
    03-31 04:32 PM
    I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.

    If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !

    I second this. Tax Filing has no implications on your immigration status.





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  • aadimanav
    06-22 12:25 AM
    Source:
    The Oh Law Firm (http://www.immigration-law.com/)

    06/21/2009: CIR and What's Ahead

    On Friday, Obama Press Secretary Robert Gibbs officially announced that the President was scheduled to call a small group of Congressional leaders and political leaders to the White House to open a dialogue on CIR next Thursday, 06/25/2009. Troublesome was another statement that recognizes the facts by the Press Secretary at the same press conference that the Congress did not have enough numbers to pass a CIR legislation. As we reported earlier, for a CIR to pass the Congress, it should pass both the Senate and the House. However, it is the House that lacks enough numbers at this time to pass a CIR legislation this year. There are a plenty of House legislators who represent districts that are politically not affected by the Hispanic population and their political pressures. These legislators usually form a group of Democratic represenstives who are either conservative and middle of the road in the political ideology. The situation tends to be different when it comes to the Senate that is consisted of legislators based on their statewide consistuencies as opposed to the House representatives that represent small neighborhood and district constituencies. The Senators' decisions are thus derived more from broader national political or statewide political issues and interests of the whole party. For this reasons, for the past several years, the Senate initiated and was able to pass CIR bills which have ended up in the ditch when it moved to the House floor. The background behind the Press Secretary's announcement downplaying the potential success of CIR within this year is their motivation to control unrealistic rise of expectation in the CIR supporting community on the President's initiatives that can also end up in another ditch with potential negative political fall-outs to his political leadership. The current politcal landscape and environment then raise two questions. The first question is whether the President and the Democratic Congress will have enough energy and zeal to successfuly change the existing political landscape, particularly in the House of Representatives, within such a limited time within this year. The Congress will soon go into the Summer recess and the remaining legislative days in the Congressional calendar for 2009 are very limited. The second question is why then Senate Majority leader, Sen. Harry Reid, has been spinning in media on his agenda to take up a CIR bill this fall with the full realization of political reality that can be ditched again in the House. It appears that part of such spinning is related to his own political future. His seat in the Senate will be up for reelection in the national mid-term election in 2010 and he needs a strong support from the Hispanic constituency in the State of Nevada. The Hispanic population has been rapidly growing durng the past several years in the State of Nevada. His push for a CIR will achieve his political calculation, no matter whether the bill will pass or fail in the Senate. Again, the chance for a CIR passing the Senate in 2009 is indeed very good as the chance for Senate Democrats pulling together 60 votes may turn realistic, particularly as affected by the final result of the current Senate election dispute in the State of Minnesota. In the very near future, the Minnesota Supreme Court is likely to hand down a decision sustaining the election of Mr. Al Franken, a progressive Democrat, as the next Senator, over the conservative former(?) Senator Norm Coleman. For the discussion per se, let's assume that the CIR fails to pass either in the Senate or in the House. The Senator Harry Reid will still get all the credits in his Hispanic constituency in the State of Nevada for his initiatives in the Senate to legislate a CIR!

    All in all, year 2009 will turn out to be the only year that can pass a CIR because this is a so-called leap-year when there is no national reelection and the House members will be less affected by their activities this year. The key is whether the President Obama will have enough energy, steam, and polical motive to make a full-court pressing and arm-twisting of the conservative Democratic members in the House within a "very" short period of time, within this Summer or early fall at the latest. Currently, his and Democrats' top two reform agenda stay with the nation's health care and energy reforms. Until we see such full dedication and commitment of the President to the CIR within a given time, one should not raise the level of his/her hope or expectation too high as it will indeed bring out really devastating frustration and hopelessness in 2010 in that considering the November 2010 mid-year election, the chance for CIR next year will turn out to be very slim because of the rerunnng Democrats in the election from small districts that are not affected by the Hispanic political pressures. Until we see such solid momentum and heat of passion on the part of the President leading to quick actions in the near future, all the media campaign and spinning of news by the White House and the Senator Reid may have to be taken with caution and discount.



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  • gconmymind
    11-30 04:23 AM
    I filed my AP renewal online, I used my discover to pay my dues.

    I did not submit any paperwork, I got an RFE just for photographs.

    Most important thing for AP-renewal according to my experience is photographs.

    I hope this helps, message me if you have any additional questions.

    I also got an RFE for photographs. Can I respond with Certified mail? Or should I use FedEx? Can you please tell me how did you send it?





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  • nat23
    11-17 01:43 PM
    I'm aware of the fact the SKIL Bill has been introduced both in the House and the Senate but it has been coupled with the CIR in the Senate.

    If the CIR dies or is pushed out till 2009, what are the chances of SKIL bill being taken up for discussion?

    If you look at the priority dates , they are moving along quite smoothly for rest of the world except India.

    This scenario concerns me.

    When people say the immigration system is broken they mean illegal immigrants. Only a few who understand and know the immigration system closely know that its broken with respect to legal immigrants also.





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  • gbof
    04-08 03:00 PM
    Couple of related questions.

    1. Which method to use (paper or e-file) if you are filing for your EAD & AP for the first time ?

    2. Where to file, the Service center or Lock Box facility ?

    1). I just mailed (paper filing) I-765 for renewal of EAD. Reason: Last year, because of a tiny/immaterial mistake (in e-filing) my EAD was delayed to close to 120 days..

    2) As per filing instructions (feb,2010) I donot think you have any choice/option as to where to file.

    Make your own choice, good luck.





    validIV
    03-18 11:13 AM
    C-Corp is the best way to go. You can register your corporation name and EIN number online with both the Business bureau in your state and the IRS. It takes an hour at most. For me in NYC, I used OPAL: http://www.nys-permits.org/

    From my experience, it is better to take commission (to pay yourself) than salary. Basically making your salary project-based like a consultant. That way you can always offset any big expenses with your commission (salary) whenever you incur them. But your method of accounting is up to you.

    Get quickbooks or accountedge to maintain a ledger. Excel is pathetic at this.

    For C-Corp you file an 1120 annually and a franchise tax (varies by state). NYC has a franchise tax (its called NY Corp Tax) which requires you to pay even if you have no profits for the year. If you are selling tangible objects like software online or merchandise, please note you need a Sales Certificate with your state to collect sales tax. This must be filed quarterly. Sales tax is now being enforced nationwide (Please lookup Amazon / Overstock.com's recent loss to a federal ruling regarding not charging salestax).

    Apart from that, keep receipts, make a business account with your bank of preference and try as much as possible to offset all gains with expenses.





    chanduv23
    07-25 09:34 AM
    I am in same situation. My previous employer has informed me that he has already revoked my 140 petition. I sent in the ac21 paperwork to be on safer side and also verified my home address on records in case they send something. You may want to do the same, also, make sure you have your own Attorney and file for G28 promptly.



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